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(영문) 대법원 2018.04.12 2014두5477

정보공개거부처분 취소청구의 소

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All appeals are dismissed.

The costs of appeal are assessed against the Defendant Intervenor.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Article 10(1)2 of the former Official Information Disclosure Act (amended by Act No. 11991, Aug. 6, 2013; hereinafter “Information Disclosure Act”) provides that a person who requests disclosure of information shall enter “the details of the information requested for disclosure” in a written request for disclosure of information.

If the claimant enters the requested information accordingly, the contents and scope of the requested information from the perspective of the general public should be specified to the extent that it can be confirmed.

In addition, in a case where the cancellation of the decision of non-disclosure of information is sought, if the contents and scope of the information requested by the Plaintiff are too comprehensive or broad so that it cannot be seen as having been specified to the extent that it can be determined from the perspective of the general public, the court which examines them should, in accordance with Article 20(2) of the Information Disclosure Act, specify the contents and scope of the requested information by allowing the Defendant to submit the requested information that it holds and manages in accordance with Article 20(2).

(See Supreme Court Decision 2007Du2555 Decided June 1, 2007). The lower court determined that each information specified as stated in the lower judgment’s decision in the amendment of the purport of the claim was specified to the extent that the content and scope of the information can be determined from the perspective of the general public, after the first instance court perused and examined the information on the claim that the Defendant possessed and managed in a closed manner

Of the information listed in paragraph (b) of the attached Table 1-B of the decision of the court below, the part other than the information listed in paragraph (1) of the attached Table 2 of the decision of the court of first instance, which was disclosed after the judgment of the court of first instance, shall be "information related to the cost of this case", and it shall be among the information listed in Articles 5-1,